BALI RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, arising out of the judgement dated 23.3.1983 passed by the learned VIII Addl. Sessions Judge, Ghaziabad in Session Trial No. 298 of 1981, has been preferred by solitary appellant, who, after having been convicted of an offence under section 302 I.P.C. was directed to suffer rigorous imprisonment for life.

(2.) THE fact was that the deceased Natthu Ram and the present appellant Bali Ram along with a third person, namely, Tota Ram were smoking Hukka. The deceased on the one hand and two accused persons named in the F.I.R. on the other, firstly, entered into a verbal dual as regards the duration for which they would enjoying the smoke. The son of Tota Ram, the present appellant Bali Ram is said to have gone to his house and to come back with Khutpawre (an instrument to carve out cattle dung). The appellant is said to have given a blow with the article just after having arrived at the place of occurrence which was the chauk infront of his house.

(3.) AS may appear from the evidence of Ishwar Chand, Head Moharrir (PW 4) posted in the police station, F.I.R. Ext. Ka-12 was drawn up on the basis of Ext. Ka-1 and the investigation was started by P.W.3, S.I. Indra Singh who came to the place of occurrence to find the dead body for holding inquest Ext.Ka-2 upon it and also for seizing the blood stained earth as may appear from Ext. Ka-7, besides, for searching the house of the accused so as to recovering the Khutpawre after preparing Ext. Ka-10, Khutpaware has been marked as material Ext. 1 as appears from the deposition of P.W. 4.